HR3696-119

What This Bill Does

The Fair and Equal Housing Act expands federal housing civil-rights text. It adds definitions to the Fair Housing Act stating that protected categories such as race, color, religion, sex including sexual orientation and gender identity, handicap, familial status, and national origin include the protected trait of a person with whom the individual is or was associated, and include a perception or belief about the individual's protected trait even if inaccurate. It defines gender identity as gender-related identity, appearance, mannerisms, or other gender-related characteristics without regard to sex designated at birth, and defines sexual orientation as homosexuality, heterosexuality, or bisexuality. It inserts sex including sexual orientation and gender identity throughout Fair Housing Act provisions on sales, rentals, residential real-estate transactions, brokerage, and HUD-related fair housing functions, and adds the same language to the criminal civil-rights provision in 42 U.S.C. 3631.

Who Benefits and How

LGBTQ home seekers benefit from explicit federal fair housing protection for sexual orientation and gender identity. People discriminated against by association benefit when housing bias is based on a partner, family member, roommate, or associate's protected trait. People targeted by perceived identity benefit because inaccurate assumptions still count under the protected-category definition. Fair housing enforcement organizations benefit from clearer statutory language for complaints and testing.

Who Bears the Burden and How

Landlords and real estate brokers must comply with explicit sexual orientation and gender identity housing protections. Mortgage lenders and residential real-estate firms must account for the expanded fair housing language. HUD fair housing staff must update enforcement materials and complaint analysis. Housing providers that rely on association-based or perception-based discrimination face greater legal risk.

Key Provisions

• Amends Fair Housing Act definitions to include sexual orientation and gender identity.
• Expands protected traits to include association with another person.
• Expands protected traits to include perceived or believed traits even if inaccurate.
• Adds sexual orientation and gender identity language to housing sale, rental, finance, brokerage, and enforcement provisions.
• Amends the criminal housing-interference statute to include sexual orientation and gender identity.